Thakur FIR quashed by mistake: Top court

New Delhi, November 19

The Supreme Court said on Monday it had quashed an FIR against BJP MP Anurag Thakur and others in a case related to alleged encroachment of land for the construction of Dharamsala cricket stadium by “mistake”.

A Bench of Justices AK Sikri and SA Nazeer was told by the counsel appearing for former Himachal CM Virbhadra Singh, who has been arraigned as a respondent in the case filed by the HP Cricket Association, that the November 2 order of the top court should be recalled. On November 2, the SC had quashed two FIRs against Thakur, his father and former CM Prem Kumar Dhumal and others in two separate cases — one related to alleged irregularities in granting land on lease for the construction of the stadium and another pertaining to alleged encroachment of government land.

Senior advocate PS Patwalia, appearing for Thakur and others, said there was no need to recall the order as the main FIR was already quashed by the court. The counsel representing Singh said the November 2 order should be recalled as the apex court had by mistake quashed a separate FIR against Thakur and others in connection with a case related to alleged encroachment of land, where staff quarters of the education department of the state was situated.

He said no argument was advanced by them in the second FIR, which was quashed by the court “by mistake”. 

However, Patwalia told the Bench that nothing survived in the FIR as the court had already appreciated the facts in its November 2 verdict.

After Patwalia concluded his arguments, Singh’s counsel told the Bench that the FIR was quashed by the apex court without hearing them.

“You are saying that you cannot argue. If you cannot argue, then do not argue. We will pass the order. We are saying that it was a mistake,” the Bench told Singh’s counsel. After Singh’s counsel sought time to argue the case, the Bench posted the next hearing on Nov 29. — PTI